? Drunk pedestrian hit by car who is at fault?
Determining fault in an accident involving a drunk pedestrian and a car can be complex and depends on the specific circumstances of the incident. Generally, the legal concept of comparative negligence is used to assign fault when both parties involved share some degree of responsibility. Here are a few factors that may come into play:
Pedestrian's Negligence: If a pedestrian is intoxicated and engages in reckless behavior, such as jaywalking or crossing against traffic signals, their actions may contribute to the accident. In such cases, the pedestrian's level of impairment and their failure to exercise reasonable care could be considered factors that contributed to the incident.
Driver's Duty of Care: Motor vehicle drivers have a duty to operate their vehicles safely and be vigilant of their surroundings, including pedestrians. However, if a drunk pedestrian suddenly enters the roadway unexpectedly or engages in erratic behavior, it may be challenging for a driver to avoid a collision, even with reasonable care.
Contributory Negligence: In some jurisdictions, if both the pedestrian and the driver are found to have contributed to the accident, the concept of contributory negligence may come into play. This means that each party's degree of fault will be evaluated, and any compensation awarded may be reduced accordingly.
It's important to note that laws and legal principles related to fault allocation can vary depending on the jurisdiction. In any accident involving a drunk pedestrian and a car, it is crucial to contact the appropriate authorities and insurance providers to investigate the incident, gather evidence, and determine liability. Legal professionals, such as personal injury attorneys, can provide guidance and help navigate the specific laws and regulations applicable in your area.
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